541(c)—discusses affect of non-transferability.
a. (1) provisions that require non-assignability or otherwise restrict transfer are ignored.
b. (2) Exception to (c)(1)—if non-b/r law restricts transfer, that restriction will also be allowed in b/r. Major applications:
(i) Retirement accounts. If there is an enforceable provision under ERISA that restricts transfer of property and that provision applies to a retirement account, the retirement account will not become part of the estate.
(ii) Spendthrift trusts—If applicable state law allows grantor to set up trust that cannot be transferred, then such a trust won’t become part of the b/r estate. So, if debtor is bene of a spendthrift trust, the trust won’t become part of estate, and neither will right to payments.
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